Quote:
Posted By JackS15 on 07/15/2019 8:18 PM
So my condo board wants to introduce a pet policy so they can generate income because we are losing money. They said it's a luxury to have a oet and some are afraid of dogs.
I do not want this as i own my condo unit and feel I should not pay extra and they should just increase dues as a whole.
Also, pets do not cost the board anything. I have been telling people not to vote as they need and overwhelming percentage to vote in order for it to pass. I think its 60% and we always had a low turn out. Anyway, I am searching for additional reasons to support my cause. Thanks in advance.
Good for them. Any community that allows pets on the premises is going to have problems with some number of those pets, and the board should enact and publicize a policy that spells out exactly what is acceptable and what is not, along with the penalties for violations.
An association runs the risk of lawsuits if an owner or guest is bitten or attacked by another owner's pets. Having a policy in place and enforcing the policy is evidence that the board has not proactive in protecting the rights and safety of all owners. This is in everyone's best interest.
Most Declarations that I've seen do have some sort of pet restriction in them, and many municipalities have laws against unattended pets, too many pets, and keeping vicious animals. Any community must abide by the laws of the area that it's located in. An association can't give owners permission to do something that violates local statutes. Similarly, generally the board can't enact rules or policies that impose restrictions beyond what's in the Declaration unless the Declaration gives the board the right to do so at its own discretion or else the membership approves a more restrictive amendment to the governing docs.
As Melissa noted, fines are not a big money maker for any association, although you may or may not be able to lien and foreclose for unpaid fines (it's allowed in my state, and my Declaration said that fines are considered an assessment and thus lienable). In my experience, the fines don't even cover the amount of money spend to impose and enforce them, so the OP's board will need to find other ways to raise the needed funds.
In addition, all operating expenses that an association incurs must be included in the annual budget and spread among all owners equitably. Otherwise the rules are discriminatory and just asking for a lawsuit. My Declaration states explicitly that rolling some expenses into the annual budget will provide an advantage to some owners and a disadvantage to others (water is the big one here). So there is no legal way that I'm aware of to charge pet owners more simply for owning a pet.
(Please: don't anybody mention chickens.) :-)